Future of the New York City Housing Court - ww2.nycourts.gov

1 Special Commission on the Future of the new york city Housing CourtReport to the Chief Judge January 2018 REPORT TO THE CHIEF JUDGE 2018iSpecial Commission on the Future of the new york city Housing CourtReport to the Chief Judge January 2018 Table of ConTenTsexeCuTive summary ..1i. The speCial Commission and iTs proCess ..3A. Composition of the Special Commission ..3B. The Work of the Special Commission ..3C. Focus Groups ..4D. Housing Court Legislation and Subsequent Reform Efforts ..5ii . new proCedures before iniTial Court appearanCes ..7A. Assignment of Counsel Under the Universal Access Law Should Be as Early as Possible ..7B. The Notice of Petition Should Be Revised to Facilitate Early Assignment of Counsel.

2 8C. Procedures for Nonpayment Proceedings Should Be Modified ..8D. Appearance by Represented Parties at Pre-Trial Court Proceedings Should Be at the Client s Option ..9E. When Prior Assignment of Counsel is Not Possible, Courthouse Assignment Should Be Available ..9iii. new Court sTruCTure and praCTiCes ..10A. Staggered Morning Calendars Should Be Instituted as a Pilot Project ..10B. Judges and Court Attorneys Should Be Actively Involved in Conferencing and Settling Cases ..10C. Defaults Should Be Timely Taken Without Favoritism to Either Side ..11D. Attorneys Must Inform the Part Clerk of Engagement in Other Parts ..11 SPECIAL COMMISSION ON THE Future OF THE new york city Housing COURTiiE.

3 Preliminary Conference Orders Should Be Required ..11F. The Duration of Cases Must Be Monitored ..12G. Unrepresented Litigants Should Receive Assurance of Fair Treatment ..12H. Afternoon Calendars Should Be Reserved Primarily for Hearings, Arguments and In-Depth Resolution of Cases ..12I. Night Sessions Should Be Expanded as Needed ..13J. Part X Must Assign Cases to the Trial Parts on the Day of Transfer to Part X ..13K. Trial Parts Must Promptly Schedule Pre-Trial Conferences and Trials ..13L. Certain Specialized Parts Should Be Eliminated ..14M. The Specialized Part Handling Illegal Drug Cases Should Be Continued ..14N. The NYCHA Part Should Be Expanded ..14iv.

4 AlTernaTive dispuTe resoluTion ..15A. Arbitration Should Be Implemented for Cases Involving Represented Parties ..15B. Mediation Should Be Considered as a Means to Expedite Case Resolution ..15C. A Framework Should Be Developed for Cases Requiring Interventions with Government Agencies ..15v. implemenTaTion of e -filing and oTher TeChnology ..16A. Implementation of E-Filing Should Be a Top Priority ..16B. Other Technology Should Be Implemented Immediately ..16C. Computer Terminals Should Be Available and Readily Accessible ..16D. Technology Should Be Developed to Facilitate Early Assignment of Tenant Counsel ..16E. Wi-Fi and Connectivity to the Internet Should be Upgraded.

5 17F. SKYPE and Teleconferencing Should Be Used to Allow Remote Attendance at Conferences and Other Appearances ..17G. SKYPE and Teleconferencing Should Be Considered as a Way to Acccess Interpreters ..17H. Technology Should Be Developed to Help Judges Efficiently Monitor and Resolve Caseloads ..17vi. long-overdue reloCaTion and redesign of Housing Court faCiliTies ..17A. Inadequate Housing Court Facilities Must Be Remedied Without Further Delay ..18B. All Housing Court Facilities Must Be Fully Wait Time on Security Lines Must Be Reduced ..20D. Directories and Signage Must Be Clear and Translated into Most Common Languages ..20 REPORT TO THE CHIEF JUDGE 2018iiiE.

6 Clerk s Offices and Help Centers Should be Centrally Located ..20F. Space Must Be Available for Confidential Tenant-Counsel Intake ..20G. Courthouses Must Have Separation of Public and Private Space ..21H. Concession Stands and Family-Friendly Areas Should Be Available ..21I. Decor and Open Space Outside Courthouses Should Be Enhanced ..21J. Maintenance Must Be Improved Throughout the Facilities ..21vii. need for inCreased JudiCial and sTaff posiTions and enhanCed role for volunTeers ..22A. An Increase in the Number of Judges Is Mandated ..22B. The Status of Housing Court Judges Should Be Enhanced ..22C. Civil Court Judges Should Conduct Housing Court Trials to Reduce Backlogs.

7 23D. The Number of Court Attorneys Should Be Increased ..23E. The Number of Clerks and Other Operational Staff Should Be Increased ..23F. The Number of Interpreters Should Be Increased ..23G. Hearing Officers, Referees, and Magistrates Should Be Used to Reduce Backlogs ..24H. The Court Navigator Program Should Be Expanded ..24I. Each Courthouse Should Have an Ombudsperson to Assist Litigants ..25J. Social Workers and Social Work Students Should Be Engaged to Assist Litigants ..25viii. improved inTeraCTions wiTh governmenT agenCies ..25A. More Government Agency Liaisons Should Be Assigned to the Housing Court ..25B. Designated Days Should Be Scheduled for Specific Categories of Cases.

8 26C. Housing Court Should Appropriately Exercise Its Statutory Authority ..26D. Regular Meetings with Agency Representatives Should Be Scheduled ..27ix. new and addiTional Training ..27A. Judges, Court Staff and Practitioners Must Be Appropriately Trained in Substantive and Procedural Law ..27B. Judges and Court Staff Must Be Trained in Handling Matters Involving Unrepresented Litigants ..27C. Anti-Bias Training Must Be Mandated for Court Staff ..27D. Settlement Skills Training Should Be Developed for Judges and Court Attorneys ..28E. Civility and Anti-Harassment Training Must Be Mandated for Judges and Court Staff ..28F. Training on Elder Abuse and Domestic Violence Must Be Mandated.

9 28G. CLE Credit Should Be Offered for All Eligible Programs ..28 SPECIAL COMMISSION ON THE Future OF THE new york city Housing COURTivx. help CenTers and oTher serviCes designed To assisT unrepresenTed TenanTs and small landlords ..29A. Courthouse Services to Assist Unrepresented Litigants Should Be Continued ..29B. Assistance for Litigants in HP Actions Should Be Expanded as Appropriate ..29C. Plain Language Policies Should Be Implemented ..29xi. sTanding Task forCe on implemenTaTion of reCommended reforms ..30A. A Standing Task Force Should Be Appointed to Assess Implementation of the Recommendations ..30B. Data Should Be Collected and Evaluated ..30C.

10 Pilot Projects Should Be Developed to Test New Procedures and Processes ..30D. Innovative Technology, Design and Process Changes Should Be Developed in Collaboration with Subject Matter Experts ..30 ConClusion ..31appendix a ..32 REPORT TO THE CHIEF JUDGE 20181 Executive Summary1 new york city s Housing Court at 40: Controversies, Challenges, and Prospects for the Future (synopsis of March 11, 2013 conference organized by the Association of Housing Court Judges, NYU s Furman Center for Real Estate and Urban Policy and the new york city Bar Association, based on recordings, and as compiled and written by the Housing Court Committee of the NYC Bar Association), at 8 [hereinafter Housing Court at 40].